Thursday, August 28, 2008

CONSUMER TERMS AND CONDITIONS

The below terms and condition apply to all gift certificates sales unless otherwise stated in the Innkeeper specified Terms and Conditions which are listed on the gift certificate at the time of purchase.

Limit one redemption per customer per month per inn.

No cash value for gift certificates.

Certificate may only be applied to the lodging portion of your bill.

No cash back upon redemption or at any other time unless required by law.

Gift certificates cannot be used for taxes, tips or prior balances.

Only one gift certificate can be used per reservation, even if the reservation is lodged in separate rooms and/or receives more than one bill.

Neither the seller nor the merchant is responsible for lost or stolen certificates or gift certificates reference numbers.

The issuing of credit is at the sole discretion of the merchant unless otherwise required by law.

Gift certificates cannot be combined with any other gift certificates, third party certificates, coupons, or promotions.

Reproduction, sale or trade of this gift certificate is prohibited unless done so in compliance with the law.

Any attempted redemption not consistent with these terms and conditions will render the gift certificate null and void.

Void to the extent prohibited by law.

Consumer Gift Certificate Terms

All Gift Certificates expire one year from the date of purchase unless contrary to law as identified for the states below:

NH - Certificates with a face value under $100.00 have no expiration.

HI & MA - Certificates expire two years from date of purchase.

CA, RI, & IL - No expiration.

Consumer Gift Certificate Refunds

Unvalidated gift certificates can be fully refunded for up tp 7 days following the purchase date. Validation subject to verification. To request a refund please contact InnAficionado.Com via our online 'Contact Us' form and provide your gift certificate reference number. You will be contacted within two business days concerning the refund.

INNKEEPER TERMS AND CONDITIONS

InnAficionado.com (INNA) will promote your inn through the sale of Gift Certificates in an effort to attract guests to your property as well as providing your inn with an enhanced listing on InnAficionado.com. You authorize the auction, sale, trade or other transfer of Gift Certificates in dollar amounts and in quantities consistent with your selected Participation Level. You agree to these Terms and Conditions as well as all other terms and conditions and InnAficionado.com's privacy policy as contained on its website.

Gift Certificates will be valid for a period of one (1) year from the date of sale by INNA or for such longer period of time as may be required by applicable laws and regulations.

You are a debtor of Gift Certificates and agree to defend, indemnify and hold INNA harmless from any and all demands, claims, losses, damages, liabilities and expenses, including attorney's fees, arising from or relating to escheatment or unclaimed property liability related to your agreement with INNA. You agree to honor all Gift Certificates presented pursuant to this agreement, even after such date as you may terminate your Participation Level with INNA.

In the event you terminate or otherwise breach your obligations under this agreement INNA will suffer substantial damages that are difficult to ascertain. Therefore, you agree to pay INNA an early termination fee of an amount equal to the number of Gift Certificates INNA is authorized to sell pursuant to your selected Participation Level, less the amount of Gift Certificates already sold, multiplied by the dollar amount per Gift Certificate pursuant to your selected Participation Level. Such early termination fee shall be due and owing immediately upon your termination or breach and in no event shall be remitted to INNA more than fourteen (14) days following written notice to you of such termination or breach.

In the event you fail to honor a valid Gift Certificate presented by a Guest, such action shall be a termination of your agreement with INNA and shall subject you to all applicable terms and conditions as such. Further, you agree to defend, indemnify and hold harmless INNA for all claims, losses, demands, damages, liabilities and expenses, including attorney's fees, resulting from or arising out of your failure to honor a valid Gift Certificate, including but not limited to any action taken by a Guest against INNA for your failure to honor a valid Gift Certificate.

Your obligations under these terms and conditions as well as your Participation Level survive termination and expiration of this agreement. This agreement is fully assignable and transferable by INNA and is binding on and enforceable by the parties, their successors, legal representatives and assigns.

Your selected Participation Level is for a period of six (6) months from the day you sign up with automatic renewal unless thirty (30) days written notification of cancellation is sent to info@InnAficionado.com.

As part of your agreement, you will honor all valid Gift Certificates purchased through INNA. You are responsible for verifying the validity of Gift Certificates presented to you for payment or credit by Guests. INNA shall provide all the tools necessary to verify the validity of Gift Certificates.

You are responsible for developing and maintaining your own "inn specific" terms and conditions.

You are authorized to change your Participation Level once per month.

Any and all Gift Certificates authorized by you to be sold by INNA become the exclusive property of INNA and can be sold, transferred or otherwise distributed by INNA at any time, even following the expiration or termination of your participation.

INNA reserves the right to market and sell all Gift Certificates it is authorized to sell in any manner it deems suitable in its sole discretion. INNA makes no representations or warranties respecting its advertising methods or budget nor does INNA make any warranties or representations regarding any financial results you will or may realize by your participation in INNA's program.

INNA maintains the right to refuse service to any client for any reason not inconsistent with any applicable law.

Your agreement with INNA is made and executed in Harris County, Texas for all purposes and you agree that venue for any and all disputes arising out of the agreement is proper and shall be maintained in Harris County, Texas. Further, you agree that the laws of the State of Texas shall control the interpretation and enforcement of this agreement.

These Terms and Conditions, as well as the other terms of service contained within the INNA website are the entirety of your agreement with INNA. In the event some or all of the terms of this agreement are deemed to be unenforceable or otherwise ineffective by a court of competent jurisdiction, the remaining terms of this agreement shall survive and continue to be fully enforceable.

Still have questions? Click here to contact us.